Personal injury cases are one of the most common legal actions in the United States each year. When someone is injured due to negligence of another person or entity, it’s cause for the victim to file a personal injury claim or lawsuit.
The majority of claims are resolved with an out-of-court settlement. Settlement documents include clauses that state that the plaintiff forgoes future legal actions related to the injury or incident in question.
If a settlement can’t be reached, a personal injury lawsuit is filed in the state or county courts where the injury occurred. Injury cases with small damage amounts, from about $2,000 to $15,000, are typically filed in small claims court.
A personal injury claim is normally resolved through negotiations between counsel for the injured party, counsel for the defendant, and/or agents of the relevant insurance carrier. Oftentimes it resembles nothing more than arguing over the settlement amount, with the defendant trying to reduce their payout.
To understand what qualifies as a personal injury, read through our case types below.
Personal Injury Case Types
- Assault, abuse and other crimes – If you suffered injuries due to a criminal act such as robbery, assault, or abuse, you may be entitled to compensation from a variety of sources. You’ll have to work with the prosecutor on the case to make sure you receive a judgment against the perpetrator, and to connect you to the victim’s compensation fund.
- School and daycare injuries – School accidents and injuries pose a unique challenge. Public schools are government entities and you’ll have to go through a form of tort claim process to recover compensation. Private schools have their own insurance coverage, so the claim process is a little more straightforward.
- Wrongful death – Wrongful death lawsuits work a lot like personal injury cases. The difference is they’re more tragic and the jury awards for damages are much higher. In these cases it’s absolutely necessary to get a lawyer with specialized knowledge in wrongful death law.
- Other case types – There is a collection of other personal injury cases types that don’t necessarily fit under other categories. This includes alcohol related injuries, mesothelioma claims, defamation of character, wrongful termination cases, class action lawsuits.
If you feel as though you have a personal injury case contact Balkin Law for a free consulation by clicking here or calling us at 888-751-5908. We will fight for your rights and get you the compensation you deserve.